P L D 1994 QUETTA 64

SAJJAD AHMAD

V/S

GOVERNMENT OF BALOCHISTAN AND OTHERS

Per Amir-ul-Mulk Mengal, J.(a) Constitution of Pakistan(1973), Article 22, 25
r/w Educational institution—-
The words used in this regard in para. 29 of the Admission Policy are that the candidate must have passed Matriculation and Intermediate Examination from Balochistan unless he could satisfy the Selection Committee with cogent reasons for not studying in Balochistan for claiming exemption from this condition. This condition has been imposed with the object to give more facilities to those students who studied in the Province so that such students may get admission in the sole professional institution in the medical field of this Province. However, simultaneously a discretion has been left with the Selection Committee to allow admission to those students who have passed Matriculation and F.Sc. examination from outside the Province to get admission in Bolan Medical College if they could assign cogent reasons for not studying in the Province. Thus it cannot be reasonably inferred that this clause in the admission policy is not based on intelligible or reasonable considerations. As such the classification based in view of judgment of Hon’ble Supreme Court as mentioned hereinabove (PLD 1990 SC page 295) is permissive because it is based on intelligible and reasonable considerations.[p.69,70]B
Adverting now to the next limb of argument in his regard is that a student getting education outside the Province should necessarily get a seat provided he should have passed Matriculation and F.Sc. from an established institution, it may be held that it is not advancement of an individual student but the advancement of the students as a class which has been kept in mind by the Government. Therefore, we do not find any substance in the arguments advanced by Chaudhary Muhammad Yousaf that this clause in the Admission Policy negates the spirit of Article 22(4) of the Constitution.
From the above discussion we have come to the conclusion that para.29 of the Admission Policy of Bolan Medical College is not violative of principles laid down in Article 25 or Article 22(4) of the Constitution of Islamic Republic of Pakistan.[p. 70]C
(b) Constitution of Pakistan(1973), Article 199
r/w Educational institution—-Admission Policy of Bolan Medical College during the Academic Session 1992-93, para. 29—-

Adverting now to the second main question that Selection Committee has been empowered with arbitrary authority to reject a student who fails to satisfy it for passing his Matriculation or F.Sc. Examination form outside the Province. It may be observed in this respect that if the Selection Committee in fact, misexercies such authority, then cases of like nature are always amenable to be challenged in Constitutional jurisdiction which has been practice throughout. However, to say that such powers are arbitrary is not convincing for the reason that there might be genuine cases where students are compelled to study outside the Province for cogent reasons and in case the Selection Committee lacks competence to consider genuine cases it will be, too, unjust. It is for this reasons that discretionary powers have been granted to Selection Committee to allow genuine cases and it is always expected that forums like Selection Committee exercise jurisdiction judiciary and not arbitrarily. If, however, any discrimination or arbitrariness is reflected from such decision the same has always been rectified in Constitutional jurisdiction of this Court on an application moved by an aggrieved person.[p.70,71]D